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(s)Elections See other (s)Elections Articles Title: Berg v. Obama v. Reality Written by Jim Capo Hillary Clinton partisan Philip Berg might be a good lawyer, but he is no student of the U.S. Constitution. His effort to derail the pending presidency of Barack Obama with his personal lawsuit is a dead end. Mr. Berg has no standing to challenge the citizenship of Barack Obama because electors in the electoral college choose our country's presidents - not general election voters. In fact, there is no constitutional requirement that any popular vote be held to influence the selection of our nation's president. These simple Constitutional facts seems to be lost on Mr. Berg and those who think he is somehow doing a service to the nation with his legal maneuvers. His claims against the eligibility of Barack Obama to serve as President of the United States, were justifiably thrown out of a lower court in Pennsylvania. If justice prevails, his subsequent writ of certiorari submitted to the US Supreme Court will also be dismissed. We say if justice prevails, because it is of course not out of the question that our Supreme Court could find some novel way to interpret the Constitution in order to take up Mr. Berg's cause. Sticking with the facts, here are the three legal ways that a presidential hopeful can be disqualified from gaining office: As a backup to relying on the electors to resolve Obama's "natural-born" citizenship issue, you should be working to line up a Senator and U.S. House member (preferably ones who represent you in your own state) who would be willing to challenge the qualifications of Senator Obama during the counting of electoral votes in the Senate on January 8th. Once a challenge is filled in writing during the counting process (per U.S. Code Title 3, Chapter 1, Section 15), the challenge must be resolved prior to the counting process being allowed to continue. Lastly, before you take up the fight to resolve whether Senator Obama meets the "natural-born citizen" clause, ask yourself whether you have standing to do this without being called a hypocrite. Determining your standing is simple. How hard have you fought to uphold the "power to declare war" clause of the Constitution? If you have been silent while President Bush has violated the constitution to launch undeclared wars in Afghanistan and Iraq, you should consider the wisdom of trying to pick and choose which clauses of the Constitution you would like enforced. Important Sidebar: Please visit the National Archives and Records Administration (NARA) for detailed information on the Electoral College process. They are supposed to be posting list of names for qualified electors for all the states as they receive them. However, they will accept list of names from the states as late as December 16th, the day after the electors cast their ballots. There is no penalty for states who fail to meet this request. NARA also provide a list of states that do not bind their electors to follow the results of the general election. Interestingly enough, the current question of the week on the NARA website is, "Who verifies if a candidate is qualified to run as president?" Translation of Answer: Not our job. Check with your Secretary of State or Board of Elections Office who we already know don't check qualifications. Unlike many others at least, NARA does not try to pass the buck to the Federal Elections Commission (FEC). (The FEC was set up in 1975 only to monitor the financing of federal elections.) As we are trying to emphasize here, NARA does note that electoral votes can be contested during the counting process in January and that you should contact your representatives in Congress if you have questions on this matter. In a related issue, for no readily apparent reason, while Congress was smack in the middle of the ferocious pitched battle over the FED bailout bill being pushed by Secretary of the Treasury Hank Paulson, our elected representatives found the time to pass House Joint Resolution 100. This resolution was offered by New York Congressman Michael Arcuri, who back in March just missed getting tangled up in Elliott Spitzer's Hookergate scandal. The resolution was passed without debate and by unanimous consent in both the House and Senate. It postpones the counting of electoral ballots in the Senate this January by two days. (Per the US Code, the electoral ballots are to be counted on the opening day of the new Congressional session.) Who says you can't change US law with a simple Congressional resolution? Thanks to a guy who had a 20 something women on his congressional staff doing "campaign consulting" for $4000/month, the new Congress will begin its session on Tuesday, Janauary 6th, but the counting of Electoral College ballots will not occur until Thursday, January 8th. Closing thought: If you're begining to suspect that this whole chosing of the president process is rigged, you are correct. Between now and 2012, please work on forgeting about presidential election politics. This is a 100% diversion from what you as a citizen should be focused on. As The John Birch Society has been saying for most of fifty years now, "Congress is the Key." Please spend your time focused on how to acheive honest representation from the person serving you as a member of the United States House of Representatives. Our system was originally designed for you to have the most effect upon your Congressman and your state legislature. These branches of our federal system are supposed to wield more power than any president. We play right into the hands of usurpers when we allow our attention, and the power that goes with it, to be diverted to the office of the presidency. Do the right thing and join the ranks of The John Birch Society. Educated, concerted action at the grassroots level is what's needed most to protect and restore proper respect for our unalienable rights. Post Comment Private Reply Ignore Thread Top • Page Up • Full Thread • Page Down • Bottom/Latest
#1. To: farmfriend (#0)
A precendent has already been set for Secretaries of State to remove unqualified candidates. See Alan Keyes' lawsuit where he cites examples. http://www.soundinvestments.us/files/final_writ_keyes_v_bowen.pdf States has numerous candidate requirements and the SOS is responsible for enforcing them.
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